Loading...
HomeMy WebLinkAboutAgreements/Contracts - Sheriff & JailI INTERLOCAL AGREEMENT # 3-2022 2 WASHINGTON STATE REGION 7 3 EMERGENCY MANAGEMENT COUNCIL 0 5 INTERLOCAL AGREEMENT 6 This INTERLOCAL AGREEMENT ("ILA") is entered into by and between the counties of 7 Chelan, Douglas, Grant, Kittitas, Okanogan, and the Confederated Tribes of the Colville 8 Reservation, hereinafter referred to as "Washington State Region 7 Emergency Management 9 Council" ("Council"). 10 The parties to this ILA recognize and respect the legal status of one another, and further 11 recognize that each has and reserves all rights, powers and remedies now or hereafter existing at 12 law, in equity, or by statute, Treaty, or otherwise. 13 NOW THEREFORE, in consideration of the mutual covenants, and conditions set forth 14 below, the parties hereto agree as follows: 15 1. PURPOSE 16 The formation of the Council is facilitated for the purpose of joint participation in Homeland 17 Security and Emergency Management "All Hazards" planning and preparedness programs 18 contemplated by and between six (6) designated jurisdictions: the counties Chelan, Douglas, Grant, 19 Kittitas, Okanogan, and the Confederated Tribes of the Colville Reservation. 20 2. SIGNATORY 21 The signatories and executive authorities for this ILA shall be the Chairperson of each 22 jurisdictions governing body and participating council member. Each signatory may establish an 23 alternate to act on behalf of their membership, and if necessary, act as a substitute concerning 24 Council participation. Each Region 7 Emergency Management Council: 5 rganization will sign 25 their own signature page agreeing to the terms and conditions of the Washington State Region 7 26 Emergency Management Council Interlocal Agreement. This agreement is only considered valid 27 if it contains all 6 signature pages, one from each of Chelan, Douglas, Grant, Kittitas, Okanogan 28 County, and the Confederated Tribe of the Colville Reservation. 29 3. VOTING AND QUORUM 30 Each designated jurisdiction shall be entitled to one vote. Representation by a majority of the Pau I of 11 September 2022 Washington State Region 7 Emergency Management Council Interlocal Agreement 31 total membership of designated jurisdictions shall constitute a quorum. Provided: If less than a 32 majority of membership is present at a meeting, the majority of members present may adjourn the 33 meeting from time to time without notice. 34 For voting purposes, a "majority" shall be defined as more than half of the total voting 35 membership. In the event any proposal or issue obtains an even number of ayes and an even 36 number of nays, such proposal or issue shall be considered defeated. 37 4. COUNCIL, CHAIR, AND VICE -CHAIR. 38 The Council shall consist of six participants; one participant from each designated 39 jurisdiction. One member as elected by a majority vote of the designated representatives shall serve 40 as Council Chair. One member as elected by a majority vote of the designated representatives shall 41 serve as Council Vice -Chair. 42 The Chairperson shall be elected for a one-year term. The Chairperson shall preside at all 43 meetings, shall have general supervision of the affairs of the Council, and shall perform all such 44 other duties as are incident to his/her office or are properly required of him/her by the Council. 45 The initial Vice -Chairperson shall be elected for a one-year term. The Vice -Chairperson shall 46 keep minutes of all meetings, and shall perform all such other duties as are incident to his/her 47 office or are properly required of him/her by the Council. 48 49 5. REGIONAL COORDINATOR 50 The Regional Coordinator shall: 51 a. Attend meetings for the Regional Leads and Coordinators held monthly by the Washington 52 Military Department, Emergency Management Division; 53 b. Be responsible for record keeping, and dissemination of information from meetings, keeper 54 of all Region 7 documents, and 55 c. Provide information of regional activities to any state or local agency requesting such 56 information. 57 d. The Regional Coordinator position will be voted on by the Council and held by one of the 58 five Counties with no set duration. 59 6. FUNDING 60 The Council shall submit one Homeland Security Grant Investment Justification application Pale 2 of 11 September 2022 Washington State Region 7 Emergency Management Council Interlocal Agreement 61 to the Washington State Military Department, Emergency Management Division on a yearly (FFY) 62 basis. All Homeland Security Grant funds shall have an approved allocation methodology 63 developed by the Council, prior to the issue of an agreement with Washington State Military 64 Department, Emergency Management Division. Homeland Security Grant Funds will be allocated 65 on a 50% even split for each County and 50% allocated on the population of the County. The 66 population formula used is from the Office of Financial Management; 67 http://ofin.wa.goy/pop/gprilI/default.asp. Homeland Security Grant funds will not replace or 68 supplant funds that have been budgeted for the same purpose through non -Federal sources. 69 Washington State Military Department, Emergency Management Division shall contract directly 70 with each county for issue of a Homeland Security Grant Agreement, to wit: "Each County will 71 be responsible for funding requests made by jurisdictions (cities) within their own County, 72 utilizing their own annual allocated grant funds for such purposes. See Appendix "A" concerning 73 county allocation methodology. 74 7. SERVICE PROVISIONS 75 The Washington State Military Department receives grant funding each year from the U.S. 76 Department of Homeland Security/Federal Emergency Management Agency through the 77 Homeland Security Grant Program. The Homeland Security Grant Program plays an important 78 role in the implementation of the National Preparedness System by supporting the building, 79 sustainment, and delivery of core capabilities essential to achieving the National Preparedness 80 Goal of a secure and resilient Nation. Delivering core capabilities requires the combined effort of 81 the whole community, rather than the exclusive effort of any single organization or level of 82 government. The Homeland Security Grant Program allowable costs support efforts to build and 83 sustain core capabilities across the Prevention, Protection, Mitigation, Response, and Recovery 84 mission areas. 85 8. MUTUAL AID AGREEMENTS 86 If Mutual Aid assistance is requested by Chelan, Douglas, Grant, Kittitas, Okanogan, or the 87 Confederated Tribes of the Colville Reservation, the agency with primary territorial jurisdiction 88 may reimburse the costs incurred by the assisting agency, including meals for personnel assigned 89 to assist the primary agency within available resources. Assistance may include but is not limited 90 to search and rescue and other emergency management related services that are within the 91 capability of the assisting agency and when in the judgement of the authorized personnel of the Pale 3 of 11 September 2022 Washington State Region 7 Emergency Management Council Interlocal Agreement 92 agency with primary territorial jurisdiction such assistance is required. 93 9. AGREEMENT PERIOD 94 This ILA is effective upon signature by the parties, and shall remain in effect for the remainder 95 of the calendar year in which it is signed. This ILA shall renew automatically from year to year 96 effective January 1 st to December 31 st of each calendar year, for a total period of five years, unless 97 notice in writing is given by any one party prior to December 31 st of any year to all the other 98 parties requesting changes or to terminate this Agreement. This ILA shall terminate at the end of 99 the initial five-year period unless earlier terminated as set forth herein or the parties elect to extend 100 this ILA beyond the five-year period. Such extension must be in writing and memorialized by the 101 parties. Pursuant to Revised Code of Washington 39.43.040, each participating County shall 102 record a copy of this ILA with their respective Auditor's office. 103 10. EVAI...,UATION AND MONITORING 104 The Washington State Military Department, Emergency Management Division will monitor 105 the activities of each County in Region 7 from award to closeout. The goal of the Department's 106 monitoring activities will be to ensure counties receiving federal pass-through funds are in 107 compliance with the Homeland Security Grant Agreement. 108 11. NONDISCRIMINATION 109 There shall be no discrimination against any employee who is paid by funds through this ILA 110 or against any applicant for such employment because of race, color, religion, handicap, marital 111 status, political affiliation, sex, age, or national origin. This provision shall include, but not be 112 limited, to the following: employment, upgrading, demotion, transfer, recruitment, advertising, 113 lay-off or termination, rates of pay, or other forms of compensation, and selection for training. 114 12. AMENDMENTS 115 This Agreement may only be modified by a written agreement signed by the parties' legislative 116 authorities. 117 13. WAIVER 118 The failure of a party to insist upon strict adherence to or performance of any provision of this 119 Agreement on any occasion shall not be considered a waiver nor shall it deprive that party of the 120 right thereafter to enforce performance of or adherence to that provision or any other provision of 121 this Agreement. 122 14. INDEMNIFICATION Pale 4 of 11 September 2022 Washington State Region 7 Emergency Management Council Interlocal Agreement 123 All jurisdictions participating in this to Agreement shall be responsible for its own 124 wrongful and negligent acts or omissions, or those of its officers; agents, or employees to the fullest 125 extent required by law, and shall indemnify, defend and hold the other parties to the Agreement 126 harmless from any such liability. 127 15. GOVERNING LAW 128 This Agreement shall be construed under Washington law. 129 16. SEVERABILITY 130 If any term, provision, or condition of this ILA should be held by a court of competent 131 jurisdiction to be invalid, void or unenforceable, the remainder of this ILA shall continue in full 132 force and effect and shall in no way be affected, impaired or invalidated thereby. 125 126 127 Pate 5 of 11 September 2022 Washington State Region 7 Emergency Management Council Interlocal Agreement Interlocal Agreement # 03-2022 WASHINGTON STATE REGION 7 EMERGENCY MANAGEMENT COUNCIL INTERLOCAL AGREEMENT By signing this page Chelan County agrees to the terms and conditions of this Washington State Region 7 Emergency Management Interlocal Agreement # 3- 2022. This document is only considered valid if a116 pages are present and signed by the jurisdictions governing body and participating council member. Signature: Title: Signature: Title: September 2022 Signature Page 6 of 11 Washington State Region 7 Emergency Management Council Interlocal Agreement Date: Date: Interlocal Agreement # 03-2022 WASHINGTON STATE REGION 7 EMERGENCY MANAGEMENT COUNCIL INTERLOCAL AGREEMENT By signing this page Douglas County agrees to the terms and conditions of this Washington State Region 7 Emergency Management Interlocal Agreement # 3- 2022. This document is only considered valid if all 6 pages are present and signed by the jurisdictions governing body and participating council member. Signature: Title: Signature: Title: September 2022 Signature Page 7 of 11 Washington State Region 7 Emergency Management Council Interlocal Agreement Date: Date: Interlocal Agreement # 03-2022 WASHINGTON STATE REGION 7 EMERGENCY MANAGEMENT COUNCIL INTERLOCAL AGREEMENT By signing this page Grant County agrees to the terms and conditions of this Washington State Region 7 Emergency Management Interlocal Agreement # 3- 2022. This document is only considered valid if a116 pages are present and signed by the jurisdictions governing body and participating council member. Barbara J. V e.2 �.�lerk of the Boa, Approved as to form: Rebekah Kaylor, SBA #53257 Civil Deputy Prosecuting Attorney Date:. 11 /m / BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Danny E /,tone, Chair September 2022 Signature Page 8 of 11 Washington State Region 7 Emergency Management Council Interlocal Agreement Interlocal Agreement # 03-2022 WASHINGTON STATE REGION 7 EMERGENCY MANAGEMENT COUNCIL INTERLOCAL AGREEMENT By signing this page Kittitas County agrees to the terms and conditions of this Washington State Region 7 Emergency Management Interlocal. Agreement # 3- 2022. This document is only considered valid if a116 pages are present and signed by the jurisdictions governing body and participating council member. Signature: Title: Signature: Title: September 2022 Signature Page 9 of 11 Washington State Region 7 Emergency Management Council Interlocal Agreement Date: Date: Interlocal Agreement # 03-2022 WASHINGTON STATE REGION 7 EMERGENCY MANAGEMENT COUNCIL INTERLOCAL AGREEMENT By signing this page Okanogan County agrees to the terms and conditions of this Washington State Region 7 Emergency Management Interlocal Agreement # 3- 2022. This document is only considered valid if a116 pages are present and signed by the jurisdictions governing body and participating council member. Signature: Title: Signature: Title: September 2022 Signature Page 10 of 11 Washington State Region 7 Emergency Management Council Interlocal Agreement Date: Date: Interlocal Agreement # 03-2022 WASHINGTON STATE REGION 7 EMERGENCY MANAGEMENT COUNCIL INTERLOCAL AGREEMENT By signing this page, the Confederated Tribe of the Colville Reservation agrees to the terms and conditions of this Washington State Region 7 Emergency Management Interlocal Agreement # 3-2022. This document is only considered valid if all 6 pages are present and signed by the jurisdictions governing body and participating council member. Signature: Title: Signature: Title: September 2022 Signature Page 11 of 11 Washington State Region 7 Emergency Management Council Interlocal Agreement Date: Date: